Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show descriptive labels in fig. 2 and fig. 3 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
Claim 27 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 27 line 2 cites “it”, “it” is unclear to what is refer back to (e.g. user equipment or indication).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (US 20210204307) in view of LIN et al. (US 20220256525 with continuation of PCT/CN2020/125391 filed on 10/30/2020).
Regarding claim 21, 36, 37, LEE et al. (US 20210204307) teaches a user equipment (par. 14, device) comprising:
at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the user equipment, that is capable to perform sidelink (SL) transmissions according to a second radio access technology (RAT) over resources shared with SL transmissions according to a first RAT (par. 14, 141, 204, wherein the one or more processors are configured to determine to perform a first sidelink transmission related to LTE and a second sidelink transmission related to NR, and to control the one or more transceivers so as to perform one of the first sidelink transmission and the second sidelink transmission, based on a priority of the first sidelink transmission and a priority of the second sidelink transmission), at least to:
perform SL sensing according to the first RAT over at least said shared resources prior to resource selection from said shared resources for SL transmissions according to the second RAT (par. 14, 119, 120, 141, 151, 162, 188, 189, at a time point where (LTE SL or NR SL) sensing related to transmission of a message having a (relatively) high priority is performed, the UE may avoid (NR SL or LTE_SL) transmission related to a message having a (relatively) low priority), the SL sensing according to the first RAT comprising decoding SL control information (SCI) according to the first RAT (par. 120, 188, at a time point where (LTE SL or NR SL) sensing related to transmission of a message having a (relatively) high priority is performed, the UE may avoid (NR SL or LTE_SL) transmission related to a message having a (relatively) low priority), wherein the first RAT is long term evolution (LTE) and the second RAT is new radio (NR) (par. 14, 119, 120, 141, 151, 162, 188, 189, LTE and NR);
based on the SL sensing according to the first RAT, select resources for SL transmissions according to the second RAT based on a scheduling unit of the first RAT (par. 120, 188, at a time point where (LTE SL or NR SL) sensing related to transmission of a message having a (relatively) high priority is performed, the UE may avoid (NR SL or LTE_SL) transmission related to a message having a (relatively) low priority), the scheduling unit being a subframe and having a dimension at least twice a dimension of a scheduling unit, the scheduling unit being a slot (fig. 6, par. 76, A subframe (SF) may be divided into one or more slots, and the number of slots within a subframe may be determined in accordance with subcarrier spacing (SCS)), wherein scheduling units of the second RAT in a first part of the scheduling units of the first RAT have priority for selection (par. 120, 152, 166, 167, 168, 188, LTE SL transmission and NR SL transmission may overlap…at a time point where (LTE SL or NR SL) sensing related to transmission of a message having a (relatively) high priority is performed, the UE may avoid (NR SL or LTE_SL) transmission related to a message having a (relatively) low priority…between the LTE SL transmission and the NR SL transmission, the UE may perform SL transmission that is related to a high priority); and
perform SL transmission according to the second RAT using the selected resources (par. 120, 167, 168, 188, at a time point where (LTE SL or NR SL) sensing related to transmission of a message having a (relatively) high priority is performed, the UE may avoid (NR SL or LTE_SL) transmission related to a message having a (relatively) low priority…between the LTE SL transmission and the NR SL transmission, the UE may perform SL transmission that is related to a high priority).
However, LEE does not teach the scheduling unit of the first RAT being a subframe, the scheduling unit of the second RAT being a slot.
But, LIN et al. (US 20220256525) in a similar or same field of endeavor teaches the scheduling unit of the first RAT being a subframe and having a dimension at least twice a dimension of a scheduling unit of the second RAT, the scheduling unit of the second RAT being a slot (par. 32, 36, 50, operating in the autonomous resource selection mode for the NR-V2X communication and in the schedule mode for the LTE-V2X communication… the determined sidelink resources described above may also be expressed as NR slots, LTE subframe timings, and/or the actual resource time and frequency locations).
Thus, it would have been obvious to the person of ordinary skill in the art before the effectively filing date of the claimed invention to implement the system or method as taught by LIN in the system of LEE to schedule resource.
The motivation would have been to prevent dropping of overlapping transmission and improving the priority resource scheduling.
Regarding claim 22, LEE et al. (US 20210204307) teaches the user equipment according to claim 21, wherein the resources shared with SL transmissions according to the first RAT are time-aligned with the resources for SL transmissions according to the second RAT (par. 152, 164, in case NR SL transmission and LTE SL transmission performed on different channels partly or fully overlap within a time domain…the UE may align time synchronization between the LTE SL transmission/communication and the NR SL transmission/communication).
Regarding claim 23, LEE et al. (US 20210204307) teaches the user equipment according to claim 21, the scheduling unit being a subframe and having a dimension at least twice a dimension of a scheduling unit, the scheduling unit being a slot (fig. 6, par. 76, A subframe (SF) may be divided into one or more slots, and the number of slots within a subframe may be determined in accordance with subcarrier spacing (SCS)),.
However, LEE does not teach wherein resources selected by the apparatus performing the SL sensing according to the first RAT based on the scheduling unit of the first RAT comprise resources of the whole scheduling units of the first RAT.
But, LIN et al. (US 20220256525) in a similar or same field of endeavor teaches wherein resources selected by the apparatus performing the SL sensing according to the first RAT based on the scheduling unit of the first RAT comprise resources of the whole scheduling units of the first RAT (par. 32, 36, 37, operating in the autonomous resource selection mode for the NR-V2X communication and in the schedule mode for the LTE-V2X communication… The determined sidelink resources described above may also be expressed as NR slots, LTE subframe timings, and/or the actual resource time and frequency locations…NR slot and/or LTE subframe timings of the selected sidelink resources).
Thus, it would have been obvious to the person of ordinary skill in the art before the effectively filing date of the claimed invention to implement the system or method as taught by LIN in the system of LEE to schedule resource.
The motivation would have been to prevent dropping of overlapping transmission and improving the priority resource scheduling.
Regarding claim 24, LEE et al. (US 20210204307) teaches the user equipment according to claim 21, wherein the user equipment is further caused to perform the SL sensing according to the second RAT and select resources for SL transmissions according to the second RAT further based on the SL sensing according to the second RAT (par. 118, 120, 153, 167, 171, 187, 188, Transmission mode 4 may be applied to a V2X sidelink communication, and the UE may carry out a sensing/SA decoding procedure, and so on, and select a resource within a selection window on its own and may then perform V2X sidelink operations…The sensing procedure may be defined as a process decoding the SCI from another UE and/or sidelink measurement… at a time point where the UE performs an NR SL transmission operation), wherein scheduling units of the first RAT with SL transmission according to the second RAT in the second part of the scheduling units of the first RAT have priority for selection (par. 118, 120, 153, 167, 171, 187, 188, priority).
Regarding claim 25, LEE et al. (US 20210204307) teaches the user equipment according to claim 21, wherein the user equipment is further caused to provide SCI according to the first RAT to at least one further user equipment, wherein the SCI comprises an indication indicative that at least one scheduling unit of the first RAT has been selected for SL transmissions (par. 118, 119, 120, 188, The sensing procedure may be defined as a process decoding the SCI from another UE and/or sidelink measurement. The decoding of the SCI in the sensing procedure may at least provide information on a sidelink resource that is being indicated by a UE transmitting the SCI).
Regarding claim 26, LEE et al. (US 20210204307) teaches the user equipment according to claim 25, wherein the SCI according to the first RAT is sent upon SL transmission according to the second RAT based on the selected resources or wherein the SCI according to the first RAT is sent prior to SL transmission according to the second RAT (par. 118, 119, 120, 188, the UE may assist (or help) sidelink resource selection of another UE. For example, in case of mode 2, the UE may be configured with an NR configured grant for sidelink transmission…The sensing procedure may be defined as a process decoding the SCI from another UE and/or sidelink measurement. The decoding of the SCI in the sensing procedure may at least provide information on a sidelink resource that is being indicated by a UE transmitting the SCI).
Regarding claim 27, LEE et al. (US 20210204307) teaches the user equipment according to claim 25, wherein the SCI according to the first RAT comprises an indication that it is provided from a second RAT capable user equipment (par. 118, 119, 120, 141, the UE may be configured with an NR configured grant for sidelink transmission. For example, in case of mode 2, the UE may schedule sidelink transmission of another UE).
Regarding claim 28, LEE et al. (US 20210204307) teaches the user equipment according to claim 21, wherein the user equipment is further caused to determine whether to perform the SL sensing according to the first RAT (par. 117, 118, 119, 120, 141, 143, 187, 188, In case of an LTE sidelink, transmission mode 1 may be applied to a general sidelink communication, and transmission mode 3 may be applied to a V2X sidelink communication… at a time point where the UE performs an LTE SL reception operation, the UE may not perform an NR SL transmission operation.).
Regarding claim 29, LEE et al. (US 20210204307) teaches the user equipment according to claim 28, wherein the determination of whether to perform the SL sensing according to the first RAT is based on at least one of the following: whether the user equipment is capable of performing SL sensing according to the first RAT, or a configuration from a network (par. 120, 187, 188, at a time point where (LTE SL or NR SL) sensing related to transmission of a message having a (relatively) high priority is performed, the UE may avoid (NR SL or LTE_SL) transmission related to a message having a (relatively) low priority; par. 74, 182, a first maximum transmission power may be configured for a channel and/or carrier related to LTE SL transmission, and a second maximum transmission power may be configured for a channel and/or carrier related to NR SL transmission).
Regarding claim 30, LEE et al. (US 20210204307) teaches the user equipment according to claim 28, wherein, upon determining not to perform SL sensing according to the first RAT, perform SL sensing according to the second RAT over at least said shared resources, the SL sensing according to the second RAT comprising decoding SCI according to the second RAT (par. 118, 120, 153, 167, 171, 187, Transmission mode 4 may be applied to a V2X sidelink communication, and the UE may carry out a sensing/SA decoding procedure, and so on, and select a resource within a selection window on its own and may then perform V2X sidelink operations…The sensing procedure may be defined as a process decoding the SCI from another UE and/or sidelink measurement…the UE avoiding a time point where a resource related to the LTE SL transmission is selected and/or reserved so as to perform an NR SL reception operation), and based on the SL sensing according to the second RAT, select resources for SL transmissions according to the second RAT based on scheduling units of the second RAT (par. 118, 120, 153, 167, 171, 187, at a time point where the UE performs an NR SL reception operation,), wherein scheduling units of the second RAT in a second part of scheduling units of the first RAT have priority for selection (par. 118, 120, 153, 167, 171, 187, priority).
Regarding claim 31, LEE et al. (US 20210204307) teaches the user equipment according to claim 28, wherein, upon determining not to perform SL sensing according to the first RAT, the user equipment is further caused to receive SCI according to the second RAT (par. 118, 120, 153, 167, 171, 187, Transmission mode 4 may be applied to a V2X sidelink communication, and the UE may carry out a sensing/SA decoding procedure, and so on, and select a resource within a selection window on its own and may then perform V2X sidelink operations…The sensing procedure may be defined as a process decoding the SCI from another UE and/or sidelink measurement…the UE avoiding a time point where a resource related to the LTE SL transmission is selected and/or reserved so as to perform an NR SL reception operation), the SCI according to the second RAT comprising at least one of: an indication of whether SCI according to the first RAT comprising the indication indicative that resources using the scheduling unit of the first RAT have been selected for SL transmissions according to the second RAT has been provided to at least one further user equipment, an indication of the selected resources according to the scheduling unit of the first RAT, an indication of the selected resources according to the scheduling unit of the second RAT, an indication of whether a user equipment according to the first RAT is in proximity, and an indication of load caused by the first RAT using the shared resources (par. 118, 120, 153, 167, 171, 187, The decoding of the SCI in the sensing procedure may at least provide information on a sidelink resource that is being indicated by a UE transmitting the SCI; par. 196, 197, 205, 211, 233, information on a location of a resource related to NR SL of Mode 2, e.g., information on a transmission resource or reception resource related to NR SL of Mode 2).
Regarding claim 32, LEE et al. (US 20210204307) teaches the user equipment according to claim 31, wherein the user equipment is further caused to prioritize resources for selection based on the SCI (par. 118, 120, 153, 167, 171, 187, The decoding of the SCI in the sensing procedure may at least provide information on a sidelink resource that is being indicated by a UE transmitting the SCI ).
Regarding claim 33, LEE et al. (US 20210204307) teaches the user equipment according to claim 28, wherein upon determining not to perform SL sensing according to the first RAT, the user equipment is further caused to determine at least one of: whether a SL transmission according to the first RAT is in proximity or an indication of load caused by the first RAT using the shared resources, and select resources for SL transmissions according to the second RAT based on the determination (par. 196, 197, 205, 211, 233, information on a location of a resource related to NR SL of Mode 2, e.g., information on a transmission resource or reception resource related to NR SL of Mode 2).
Regarding claim 34, LEE et al. (US 20210204307) teaches the user equipment according to claim 21, wherein the user equipment is further caused to provide SCI according to the second RAT, wherein the SCI according to the second RAT (par. 118, 120, 153, 167, 171, 187, Transmission mode 4 may be applied to a V2X sidelink communication, and the UE may carry out a sensing/SA decoding procedure, and so on, and select a resource within a selection window on its own and may then perform V2X sidelink operations…The sensing procedure may be defined as a process decoding the SCI from another UE and/or sidelink measurement…the UE avoiding a time point where a resource related to the LTE SL transmission is selected and/or reserved so as to perform an NR SL reception operation) comprises at least one of: an indication of whether SCI according to the first RAT, which comprises the indication indicative that resources using the scheduling unit of the first RAT have been selected for SL transmissions according to the second RAT, has been provided to at least one further user equipment, an indication of the selected resources based on the scheduling unit of the first RAT, an indication of the selected resources based on the scheduling unit of the second RAT, an indication of whether a user equipment according to the first RAT is in proximity, and an indication of load caused by the first RAT using the shared resources (par. 118, 120, 153, 167, 171, 187, The decoding of the SCI in the sensing procedure may at least provide information on a sidelink resource that is being indicated by a UE transmitting the SCI; par. 196, 197, 205, 211, 233, information on a location of a resource related to NR SL of Mode 2, e.g., information on a transmission resource or reception resource related to NR SL of Mode 2).
Regarding claim 35, LEE et al. (US 20210204307) teaches the user equipment according to claim 21, wherein the SL transmission is vehicle-to-everything, V2X, transmission (par. 89, 93, V2X).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HWANG et al. (US 20240276463) teaches obtaining information related to a first resource pool for long-term evolution (LTE) sidelink (SL) communication; obtaining information related to a second resource pool for NR SL communication; triggering resource selection in a first slot; determining a selection window on the basis of the first slot and a packet delay budget (PDB) (fig. 16, abstract);
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/THINH D TRAN/for /Thinh Tran/, Patent Examiner of Art Unit 2466 09/17/2026
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